[Adopted 3-18-1980 by L.L. No. 5-1980]
A.
It is the intent and purpose of this article to provide
that, in the sale of gasoline and diesel motor fuel, the prices per
gallon be conspicuously displayed as set forth herein for the public
benefit.
B.
In the event that a seller of gasoline or diesel motor
fuel should price said gasoline or diesel motor fuel by the metric
liter, then, in order to avoid confusion, both methods of pricing
should be conspicuously displayed, it further being intended by this
article that a seller of gasoline or diesel motor fuel who prices
and sells said fuel by the gallon only shall not be required to, in
addition thereto, price said motor fuel by the metric liter.
It shall be unlawful for any person, firm or
corporation to sell or offer for sale at retail, for use in internal-combustion
engines in motor vehicles or motorboats, any gasoline or diesel motor
fuel unless such seller shall, within 60 days from the effective date
of this article, post and keep continuously posted on the individual
pump or other dispensing device from which such gasoline or diesel
motor fuel is sold or offered for sale a sign or placard of not less
than 12 inches in height and 12 inches in width, stating clearly and
legibly the selling price per gallon and/or selling price by the metric
liter of such gasoline or diesel motor fuel so sold or offered for
sale from such pump or other dispensing device. The name, trade name,
brand, mark or symbol and grade of quality classification, if any,
of such gasoline or diesel motor fuel shall be permanently imprinted
on said gasoline or diesel motor fuel dispensing unit.
A.
Each pump which dispenses gasoline or diesel fuel for sale at retail shall display a sign in compliance with the requirements of § 274-6 above, hereinafter referred to as the "sign." The sign shall contain the total selling price per gallon, and if sold by metric liter, the sign shall contain the total selling price for both per gallon and per liter. Where a product is sold by metric liter, the metric-price declaration and the gallon-price declaration shall be in contrasting colors.
B.
The unit of the sign setting forth the total selling
price shall display the selling price per gallon and/or selling price
by the metric liter of such gasoline, including all applicable taxes,
and shall be accompanied by the statement "includes all taxes." All
numbers used to display the total selling price per gallon shall be
of uniform size and shall be at least nine inches in height, at least
3 1/4 inches in width and a stroke width of at least one inch.
All numbers used to display the total selling price per metric liter
shall be of uniform size and shall be no less than 1/2 the size of
the numbers per gallon. The statement "includes all taxes" shall be
in letters of uniform size at least 1/2 inch in height and extending
at least 5 1/2 inches.
C.
The sign shall be permanently fixed to the pump so
that the information may be easily read from the dispensing side of
the pump.
D.
If service of gasoline or diesel fuel may be made
from more than one side of a pump or dispensing device, the sign shall
be so constructed as to be visible from each side from which dispensing
takes place, or a sign shall be posted on each side that dispensing
takes place.
E.
The sign shall be completely covered when a particular
grade of gasoline or diesel fuel is not available for sale.
F.
Notwithstanding any other law, rule or regulation
in this article, any entity that requires a membership in any group,
association or club in order to enter onto the premises and/or purchase
items other than fuel from the entity, which entity also sells fuel,
must post a sign at each pump, in all capital letters of no less than
1/2 inch per letter height, that any person, whether or not a member,
may purchase fuel at that location. Such signage must also, in letters
at least 1/4 inch per letter height, inform the potential purchaser
what must be done in order to purchase such fuel. Additionally, the
entity must post, within two feet of any “invitation”
type sign displaying gasoline pricing to the public, a sign, in all
capital letters of no less than 1.5 inches per letter height, that
any person, whether or not a member, may purchase fuel at that location.
[Added 9-2-2008 by L.L. No. 10-2008]
[Amended 3-1-1983 by L.L. No. 8-1983]
A.
Where, in addition to the above requirements, a sign,
poster or placard advertises the selling price per gallon and/or per
metric liter of gasoline or diesel motor fuel on, at or about the
premises where such gasoline or diesel motor fuel is sold or offered
and for sale or where such sign, poster or placard, directly or indirectly,
refers to a premises where the advertised gasoline or diesel motor
fuel is sold or offered for sale, such sign, poster or placard shall
state the name, trade name, brand name, mark or symbol and grade or
quality classification of such gasoline or diesel motor fuel, together
with the total selling price per gallon and/or per metric liter. The
total selling price shall be the basic price per gallon and/or per
metric liter, plus federal, state and local sales taxes.
B.
All numbers referring to price shall be of the same
height, width and thickness. Fractional cent numbers and identification
of the gasoline or diesel motor fuel offered for sale shall be in
letters and numbers not less than 1/2 of the height, width and thickness
of the numbers referring to the price.
Where a gasoline or diesel motor fuel dispensing
device is equipped with a total-delivery-price indicator, such indicator
shall record the correct total price, computed on the basis of the
posted price per gallon and/or the price per metric liter and the
number of gallons or liters delivered.
It shall be unlawful for any person, firm or
corporation to sell or offer for sale gasoline or other petroleum
products for use in motor vehicles or motorboats in any manner so
as to deceive or tend to deceive the purchaser as to the price, nature,
quality or identity thereof or to sell or offer for sale from any
pump, dispensing device or container any gasoline or other petroleum
products manufactured or distributed by the manufacturer or distributor
marketing such gasoline or other petroleum products under the name,
trade name, brand, symbol or mark affixed to or contained on such
pump dispensing device or container or to substitute, mix or adulterate
gasoline or other petroleum products sold or offered for sale under
a name, trade name, brand, symbol or mark.
[Amended 3-1-1983 by L.L. No. 8-1983]
Any person who shall violate any provision of
this article shall be guilty of an offense against this article and
shall be subject to a fine of not less than $100 nor more than $250
for the first offense and of not less than $200 nor more than $500
for the second and every subsequent offense.
This article shall be effective throughout the
County of Rockland, except that it shall not be effective within the
area of any village or the area of any town outside of any village
during such time as such village or town is regulating the business
regulated by the provisions of this article.
[Amended 3-1-1983 by L.L. No. 8-1983]
The Director of Weights and Measures is authorized
to grant a variance from these regulations if a practical hardship
shall exist.
